In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 172 / 2011.
1) Sri Ashok Kumar Bakshi,
Satyen Bose Road, P.O. Podrah, P.S. Sankrail, Howrah-711109.---------- Complainant
---Versus---
1) The Manager, State Bank of India, New Alipore Branch (Code 0205),
23A/76, D.H. Road, Block-E, New Alipore, Kolkata-700053.
2) The Manager, State Bank of India, Alipore Branch (Code 0004),
24/1/1, Alipore Road, Kolkata-700027.
3) The Manager, State Bank of India, Local Head Office,
Samridhi Bhavan, 1, Strand Road, Kolkata-700001. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 15 Dated 15/05/2012.
The petition of complaint is filed by the complainant Shri Ashoke Kumar Bakshi against the o.ps. State Bank of India. The fact of the case in short is that complainant has a Joint Savings Bank A/C with his wife Ranjana Bakshi bearing no. 10958884167 with State Bank of India, New Alipore Branch. Complainant is also holding ATM-cum-Debit card no.62201 80020 500 111040. On 2.9.10 around 10-00 hours he withdrew Rs.20,000/- from SBI ATM booth.
Further case of the complainant is that on the same date further Rs.20,000/- was shown deducted from their SB A/C and complainant has come forward in this Forum with a prayer to reverse the amount of Rs.20,000/- from the aforesaid SB A/C which actually did not withdraw and to make it clear the specific case of the complainant is that he withdrew a sum of Rs.20,000/- for once not for twice. Hence, the case.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for the dismissal of the case.
Decision with reasons: -
We have gone through the pleadings of the parties, evidence and documents in particular. The specific case of o.ps. are that complainant withdrew Rs.20,000/- through ATM booth from his SB A/C as referred to above and o.ps. have failed to produce any documentary proof acceptable to this Forum for such withdrawal barring debiting of Rs.20,000/- from SB A/C of the complainant lying with their bank. In view of the above, we find and hold that o.ps. had sufficient deficiency in the matter of discharging service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against o.ps. O.ps. are directed to reverse the amount of Rs.20,000/- (Rupees twenty thousand) only in the aforesaid SB A/C of the complainant together with interest @ 9% p.a. from the date of debit till the date of credit. O.ps. are further directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for his harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
